Sting Ray
by Jennifer Hart
Summary: Leroy Jethro Gibbs, you are under arrest for the murder of Anthony DiNozzo.
1. Prologue

**Title: Sting Ray**

**Rating: T to be on the safe side.**

**Classification: Mystery/Suspense**

**Disclaimers: If I owned them, I promise I would never put you guys through this. (Well, maybe I still would!)**

**Spoilers: Hiatus, Twilight, Kill Ari, Frame-Up, Jeopardy, Probie, and Shalom.**

**Summary: "Leroy Jethro Gibbs, you are under arrest for the murder of NCIS Special Agent Anthony DiNozzo."**

Prologue

August, 2007

"You ready?"

Ziva looked up from the bench she sat on outside the courtroom. People were starting to arrive for that day's session, although she'd been there almost an hour ahead of time. She smiled.

"I've been ready for a while."

"You and me both." Jenny joined her on the bench. "Just a few people here."

Ziva shrugged. "It was a popular case. NCIS agent being tried for murder."

The other woman nodded. "Too popular if you ask me."

"Like living in a fish tank for the last eight months." Jenny chuckled.

"Fish _bowl_," she said quietly. Ziva frowned.

"I thought people keep fishes in tanks," she protested.

"They do," Jenny confirmed.

"Then..." The NCIS Director chuckled again.

"Ziva, didn't anyone ever tell you English was the hardest language to learn?"

"I thought they were lying." Ziva surveyed the crowd again. "Are the others here?" she asked quietly.

Jenny nodded. "Ducky finished his testimony yesterday. He'll be sitting with Abby and McGee in the back row."

Ziva took a deep breath. "You know, this is the second time we've done this – had _this_ conversation on _this_ bench as we waited for me to testify in regards to _this_ case."

"Does that bother you?" her friend asked softly.

"No." The defendant walked past, flanked by his attorneys, and Ziva glared at him. "It doesn't bother me a bit."


	2. Murder

**After this, I will be updating once a week, probably on Tuesdays.**

**Chapter 1 - Murder**

August, 2007

"Officer David, did you report to a crime scene on the morning of January 11th, 2007?"

Ziva nodded affirmatively at the prosecutor's question. "Yes, I did."

"Who did you report to the scene with?"

"My partners—Special Agent Anthony DiNozzo and Special Agent Timothy McGee—and our supervisor, Special Agent Jethro Gibbs," Ziva replied.

"Tell us about that day."

0

January, 2007

It was one of the coldest and iciest days on record that year, and the local news had been full of announcements not to drive unless you absolutely had to. Gibbs pulled the MCRT vehicle up to the curb and killed the engine, then opened the door. Almost immediately the bitter temperatures hit him and he winced.

_Minus-22, and we get called to Anacostia Park_, he thought wryly. Aloud, he called out, "DiNozzo, shoot and sketch. McGee, talk to the witness. Ziva, start collecting any evidence that isn't frozen to the ground."

"That won't be much," Ziva called back.

Tony headed for the rear of the vehicle, only to have his foot slip on the ice. "Whoa!" He caught himself on the side. "Hey, Probie, watch your step! This place is a skating rink!"

"That's one word for it," McGee muttered, grabbing onto Ziva's jacket. "Sorry. Days like this I'm tempted to catch a flight and fill your vacancy at Mossad."

"You'd rather be putting up with sand in the desert?"

"At least it's warm." His foot slid a second time and he again grabbed Ziva's jacket. "And you can keep your balance on it."

A short distance away Gibbs was attempting to make his way down a slope that had thawed and frozen a half dozen times. Ducky was a few feet ahead of him, kneeling next to the body, a position that Gibbs would have much rather been in at that moment. He took another step forward. A second later, he was in that position, or at least something close to it, landing at the foot of the short slope in a matter of seconds.

"Are you all right, Jethro?" Ducky's voice rang out.

"I'm fine, Duck." Gibbs reached his right hand out to push himself to his feet, only to jerk back as a shooting pain shot through his wrist. Gritting his teeth he used his other hand to push himself up instead. "Just fine."

Ducky looked gravely at him as he approached. "That's more than we can say for him, Jethro," he said quietly. "Take a look."

Gibbs carefully leaned over the body and immediately saw it. Five bullet wounds. He sighed. "The bastard's back."

The older man nodded gravely. "Do you want me to call Jana?"

Gibbs shook his head. "No, I'll do it." He straightened up and caught sight of Tony, about to navigate the slope. "DiNozzo!"

Tony looked up. "Yeah, Boss?"

"Don't bother." Gibbs' voice was terse. "It's one of _those_."

The younger man looked at him for a moment, before whirling and slamming a handful of snow at the nearest tree.

0

_One of those_ was the collective NCIS term for the bodies that had been turning up over the last year-and-a-half. They'd been spread apart, once as long as three months, and always in different places around DC. Some had been Navy, some Marines. All shot five times.

The spread of time and random locations had meant several teams got the initial call-outs, so word of the case had spread rapidly. The general feeling after three months had been one of anger. By six months, the anger had simmered into a general hatred for whoever was responsible. These days, it felt like the taunt of the Beltway sniper. His case lit up the top of the Active Cases whiteboard on the third floor, and everyone waited with sickened anticipation for the day it would be their team called out to another of his gruesome presents. Gibbs' team had yet to be called to any of the scenes. Until now.

Gibbs stood by the roadside as a second MCRT vehicle pulled up and four agents got out. Three headed straight for the scene without a word, not needing to wait for instructions. The fourth approached Gibbs.

"Jana." He nodded as she approached.

"Gibbs." Special Agent Jana Heiden's eyes were grim. "I was wondering when I'd get the call."

"It's been what, six weeks?" Gibbs asked.

"And four days." Jana's team had gotten the first body, and so when it was established that it was the same killer, everyone else automatically turned their scenes over to her. The police were actually supposed to just call her team in, but the spread between killings made it difficult to keep up with that request. Jana took a deep breath and forced a smile. "You got his ID?"

"Oh, yeah." That was never a problem. The military ID's were always still present on the victims' persons. "Didn't need it though. Colonel Bruno Merkl."

Jana closed her eyes. "Oh, please tell me you're kidding." Colonel Merkl had made national headlines twice. The first was when he was wounded three times in combat during Desert Storm and awarded the Purple Heart. The second had come when he was brought up on trial for spousal battery and the murder of his pregnant wife, only to be controversially acquitted on all charges. "Director Shepherd is just going to love this."

Director and former Special Agent Jenny Shepherd had been the agent in charge of the investigation against Colonel Merkl, seven years before. Gibbs met the other agent's eyes. "I took care of calling her."

"What did she say?" Jana asked. Gibbs shrugged.

" 'I always figured someone would end up killing him,' " he quoted. Jana shook her head.

"Her and half the country. This whole series of killings could have just been a lead-up to getting him."

"11 victims, over a year-and-a-half?" Gibbs raised his eyebrows and she nodded.

"Yeah, I know, it wouldn't be that easy." Jana gestured to the body. "Did you work the original case with her?"

Gibbs shook his head. "No, she'd transferred to working with Daniel Snyder by then. I think he's stationed in Gitmo now."

"Thanks." Jana looked back over towards the body. "I want this guy, Gibbs. I want him bad."

"I know, Jana." Gibbs took a deep breath. "Believe me, I know."


	3. Mistakes

**Chapter 2 - Mistakes**

August, 2007

"Officer David, you have testified that there was some tension in the entire office during that time period because of the killings." Prosecutor Annemarie Johanssen looked up from her notes. "Is that correct?"

Ziva nodded. "Yes, we were all a little bit on edge."

"And there was also some tension on your own team at the time as well, was there not?" Annemarie inquired.

The Israeli agent took a deep breath. "Yes, there was," she said quietly.

"In particular, one incident, on January 27, 2007?" Annemarie's voice was also softer. When Ziva answered in the affirmative, the prosecutor replied, "Tell us about that day."

0

January, 2007

"I don't seen what the big deal is about a movie set around killing a bird!" Ziva looked exasperated. The two male agents were taking advantage of Gibbs' time on the telephone to explain to their colleague why she really needed to see the Gregory Peck classic.

"It's not about killing a bird, Ziva," Tony said patiently. Ziva's forehead wrinkled in confusion.

"You just said the title was _To Kill A Mockingbird_!" Tony nodded.

"It is, but the story is about a legal case, of prejudice during the Depression," he explained.

"Then why is it called _To Kill A Mockingbird_?" Ziva protested.

"Because it's a sin to kill a mockingbird." Ziva looked totally frustrated by this and Tony quickly put his hands up. "Look, it's hard to explain, but trust me, it will make sense after you see it."

"Tony's right on this one, Ziva," McGee confirmed. "It is one of the best movies out there. I saw it in high school. And read the book."

"Apparently someone else needs to read a book!" Gibbs slammed his phone down into the receiver. "On NCIS Policies and Procedures!"

He stood up and leveled an icy blue glare towards Tony's desk. The younger agent's eyes widened, startled and he scrambled to his feet.

"Boss, I don't understand..." he began, but Gibbs quickly cut him off.

"How difficult is it to make a request for a Search Authorization, DiNozzo?"

"Not difficult at all..."

"How much time does it take to request one when you have probable cause?"

"An hour...maybe two..."

"Then why is it that you couldn't even take the time or make the effort to make that call, prior to conducting your search on the Redding place last week?"

Tony's eyes widened in shock. "Boss, I can explain...I..."

"That was General Cresswell on the phone, from the JAG office! All the evidence you seized for the Conner case has been thrown out, because it was obtained by an illegal search. The case was dismissed."

Ziva and McGee exchanged horrified glances as Gibbs walked around the side of his desk and over to stand in front of Tony. "That bastard kidnapped a little girl and held her chained in his basement for two weeks, DiNozzo," Gibbs said quietly, too quietly. "And he's going to get away with it, because you screwed up."

There was stunned silence as Gibbs stalked out of the squadroom towards the elevator.

0

There was no anger later that night as Gibbs made his way down the basement stairwell, only a methodical, almost procedural dedication. Showing no emotion, he walked over to where he kept his sniper rifle and carefully drew it out, then nodded in satisfaction. It was clean, but he would clean it again, because he did not believe in using this type of weapon when it was not freshly cleaned.

"You've made your last mistake, Tony," he said softly, almost sadly. "You've made your last mistake."

**A/N: Okay, Tartlets, I know you hate Tony being made to appear an idiot or like he doesn't know what he's doing, but please, before you e-mail me to that effect, hear out the rest of this story? I promise there is a good reason for Tony's mistake.**

**Hope everyone has a good Christmas. I'll update on Boxing Day.**


	4. Morals

**Chapter 3: Morals **

**A/N: Just so you know, I did not make those streets up. There is in fact a neighborhood in the town I grew up in, where there are four different street names all beginning with "Ross" and each name has a Close, a Court, and a Drive.**

August, 2007

"Up until that incident, what had Special Agent DiNozzo's work been like?" Annemarie asked. "Was this mistake typical for him, or an exception to the rule?"

"Normally, it would have been an exception," Ziva said emphatically. "Tony was an excellent agent. He had been briefly promoted to team leader position and voluntarily chose to step down. He had a reputation for being one of the best undercover operators we had at the office. There would be times where you would swear he was busy thinking about his plans for the weekend, but you'd ask him a question and he'd immediately recite the information the rest of us were still trying to look up."

"You said 'normally' it would be an exception?" Annemarie responded. "Had he been making other mistakes lately as well?"

Ziva hesitated. "A few, yes," she answered reluctantly.

"What types of mistakes, Officer David?" the attorney prodded gently.

"Well, in the past two weeks, he'd been late to two shifts, and outright missed a third without calling in," she answered. "But, I mean, that happens..."

Annemarie nodded. "Anything else?"

Ziva sighed. "A few days before that confrontation, Tony wrote down the wrong address for a crime scene. His initial notes said that it was located at Rossmere Close, but when we got to the house there was nothing there. After forty-five minutes of driving around and not seeing police cars, we called back into dispatch. Turned out the address was located at Rossland Drive."

Annemarie nodded gravely. "How did your supervisor react to that?"

0

Gibbs sat motionless in the space behind the bush, his sniper's rifle neatly camouflaged by the leaves. Through the scope he could see Tony, sitting on his couch in the living room of his third-floor apartment, watching one of the many DVDs he loved quoting at work.

The former Marine had taken his position a couple of hours earlier, just before the ending credits for _The Lord of the Rings: The Fellowship Of The Ring_ were coming up onscreen. Gibbs had figured it was the perfect opportunity, take Tony out when he got up to change movies. He hadn't factored in the fact that Tony's DVD player allowed more than one disc at a time, or that the younger agent would be watching the entire trilogy.

He could still make the shot now, easily. But there was no way of predicting how the glass in Tony's window would affect the shot. Tony's head was partially shielded by the lamp on the end table, leaving very little margin for error. The last thing he needed was for the shot to miss or even just graze.

Normally, he would have tried making the shot anyway, but his wrist had still not fully healed from the slip at the crime scene a few weeks earlier. The temperature was also lowering, which in turn would slow his reflexes. Playing slim odds while healthy was one thing, but when not in top condition it was just stupid. And stupidity was what got people caught.

Gibbs shook his head and withdrew the rifle. There would be another opportunity.

0

It was shortly before one the next afternoon when Gibbs informed Ziva and McGee that he would be going out for coffee. It was such a typical ritual that neither of them looked up.

Tony had yet to return from the lunch break he'd taken an hour before. According to the enthusiastic proclamation he'd made to Ziva on his way out, he was taking Lynnette, his latest girlfriend, out for lunch and a stroll through Coleman Park. The temperature had finally lifted somewhat and people were actually venturing outdoors again.

Gibbs made the drive from headquarters to the road that wound through the park in a matter of moments, stopping only once to retrieve the sniper rifle from his trunk and place it underneath his extra jacket. Soon he was parked on a secluded stretch of the road, looking down at the wooded slope and jogging trail. Gibbs leaned back in his seat and took a sip of coffee, settling himself for the wait.

0

It was maybe fifteen minutes later when he saw them. The auburn-haired NCIS agent and his female brunette companion, walking slowly down the trail. They were talking animatedly, and Gibbs saw Tony laugh outright twice. The former Marine smiled as he picked up the gun beside him. They wouldn't be laughing for long.

Tony was almost in the sights of his scope. Gibbs prepared to fire, then, with his other hand, pulled out his cell phone and dialed a number.

0

Tony grimaced when he saw the ID calling his phone. "It's Gibbs," he muttered.

"Your boss?" Lynnette asked.

Tony nodded. "I was supposed to be back from lunch twenty minutes ago." He reluctantly flipped open the phone. "Yeah, DiNozzo."

"You're late." The terse voice carried through the speaker, loud enough for the woman at Tony's side to hear. She winced in sympathy.

"Right, I uh...got caught in traffic..." Tony stammered.

"You've made your last mistake, DiNozzo."

Tony was stunned. "My last mistake..." he began, but the line was dead. A second later, so was Anthony DiNozzo.

**"Right now, you're all confused and disoriented. And the bad news is, things are only going to get worse." - Anderson Cooper**

**A/N: This is the installment – that you'll get this year, anyway. I'll post again next Tuesday.**


	5. Malice

**Chapter 4: Malice **

**A/N: The incident between Ziva and Tony is something that happened to me when I worked as a secretary for our local police.**

August, 2007

"What happened when you got back from lunch?" Annemarie asked. Ziva took a deep breath.

"I came back to the squadroom, and Special Agent McGee was standing talking with a couple of other agents, Matthew Parnell and Edmund Balboa. They were looking really tense, so I asked them what had happened." Ziva forced herself to look the prosecutor in the eye. "They told me that an NCIS agent had been killed."

"Did they tell you who the agent was?"

"No, they didn't know."

0

January, 2007

Gibbs could feel the tension as soon as he stepped of the elevator. None of his team members were sitting at their desks. Ziva and McGee were standing next to the window, talking to Agents Balboa and Parnell, and Tony was nowhere in sight.

From what Gibbs could tell, very few agents from the other teams were at their desks either. A few were standing in front of the television screen, watching some type of bulletin on ZNN. The others were standing around the room in little groups, talking quietly. Even the agents that were seated weren't working. They were holding open case files or staring at their computer screens, trying unsuccessfully to focus.

Ziva noticed him taking in the scene and her eyes took on an expression of relief. "Gibbs, over here." The look on McGee's face as she said it was unmistakable.

"What's going on?" Gibbs asked as he approached them. "Why aren't you working at your desks? And where's DiNozzo?"

"Boss..." McGee's voice shook. "An agent was killed."

"What?" Gibbs' voice was soft, but full of emotion. "Who?"

"We don't know." McGee shook his head. "About a half-hour after you left, Jana's team got a call-out and she went running upstairs to the Director's office. A second later they both came down and Director Shepherd said that nobody was to leave the building until she got back. Then she went out with Jana's team."

"How do they know it was an agent?"

"I heard Jana tell her team on her way past to go talk to Director Shepherd," Parnell said tersely. "We're still waiting for someone to come back with news."

"Gibbs." Ziva's voice was stressed. "Tony hasn't come back from lunch yet."

"It's okay, Ziva." Gibbs put a gentle hand on her arm. "He's probably just chasing after a hot girl. Wouldn't be the first time."

Just then the elevator door chimed and all five agents jumped. Jenny stepped out and was quickly surrounded by a group of worried agents. She put up a hand. "I'll brief everyone in a minute." She walked over to the group standing next to the window. "Gibbs, Ziva, McGee. Will the three of you please come to my office?"

0

"What do you mean, my team won't be handling the investigation?" Gibbs struggled to keep his voice under control.

Jenny had just finished briefing the squadroom of Tony's death, after first taking the time to tell Gibbs and his team privately, and now stood with him on the landing of the staircase. A few feet away from them, Ziva was holding McGee in a tight hug.

"This isn't like Kate's death, Jethro," Jenny answered. "I could make an exception in that case because you technically knew who was responsible. But NCIS regulations expressly forbid agents investigating the death of someone on their team and you know it."

Gibbs shook his head, helplessly. "Then at least let me help unofficially."

"Out of the question," Jenny said firmly. "And that goes for Ziva and McGee as well."

"Jen," Gibbs said desperately. "You can't just expect us to stand by and do nothing."

"After what you said to Tony on Friday you had better believe it," Jenny shot back. Gibbs stared at her.

"Oh, come on Jen, you can't actually believe..."

"This has nothing to do with belief, Jethro," the Director snapped. "The entire floor pretty much heard that altercation. I let you or anyone on your team near this case and it's going to scream 'Agency Cover-Up.' That's why, until Jana and her team have a chance to come get your statements, none of you are talking about the case with each other." Her eyes blazed. "There is no way I'm risking letting the bastard who did this get away on some kind of technicality. No way."

0

"Gibbs?"

Gibbs looked up at the sound of the quiet voice. He mustered a smile. "Hey, Jana."

She stared at him, her grey eyes full of emotion. "I'm so sorry."

"Thank you," Gibbs replied.

"Tony was a good agent." Jana tilted her head in the direction of the now empty desk. "You know, I think this was the first time I was able to pass by the cubicle divider without him trying to ask me out or sitting up straighter so that he could check out my butt. I felt like I was on the wrong floor or something."

The corner of Gibbs' mouth turned up in a slight smirk. "I keep catching myself thinking about how I'm going to ream him out for taking his lunch break so long."

Jana nodded, then took a deep breath, "Look, I'm sorry about this, but we've to ask you and your team some questions." She shrugged. "Procedures."

"It's okay." Gibbs glanced around. "You want to talk to us here or in the conference room?"

"Conference room's probably better," Jana answered. Gibbs nodded, and he, McGee, and Ziva followed Jana into the room. Jack Skinner and Holly Grant, two others from Jana's team, were already there.

Once they were all seated, Jana said quietly, "What time did Tony leave for lunch this afternoon?"

"Uh, just before twelve?" Ziva offered hesitantly. "He was meeting his girlfriend for lunch. Lynnette."

Holly nodded. "We spoke with her at the scene."

"How's she doing?" McGee asked in concern.

Holly shrugged. "She saw him get shot." McGee sighed. No further words were needed.

"So he would have been due back about 1:00?" Jana asked. At Gibbs nod, she continued, "We got the call out about twenty after, but I've worked here long enough to know that him being late wasn't exactly unusual." Ziva and McGee managed shaky smiles at that. "Had Tony received any threats lately, maybe in relation to a case?"

Gibbs shook his head. "No. Everything was normal."

"Had he been acting more stressed out than usual?" Again Gibbs shook his head.

"This morning when I came in he was joking around with Ziva. Fanning her with a palm leaf or something?"

"A fern." A giggle escaped Ziva at the memory, as Jana's team stared at her. "I had pulled a long-nighter last night pulling some records for a case."

"All-nighter, Ziva," McGee said quietly.

"Right. And I'd made a comment about how tired I was. And Tony started teasing about how overworked I was. He handed the files I was working on to McGee, put my feet up on my desk, and started fanning me with this fern leaf he'd gotten from down the hall." Ziva shook her head. "It was crazy. Of course, we settled down to work after Gibbs came in, but he kept sending me stupid e-mails about the importance of relaxation and stupid things like that."

"And this was typical for Tony," Jana continued.

Gibbs smiled wryly. "Very typical."

"Okay." Jana jotted some notes down in her PDA, before looking back up at the team. "Ducky estimated time of death as just after one P.M., which corresponds to Lynnette's statement as well. Now, I have to ask this. Where were the three of you between 12:30 and 1:30?

"Here at the office," McGee said immediately. "I stopped for lunch with Abby down in the cafeteria, but was back up by 12:35 and stayed here."

"I stepped out at about five of one and got a sandwich at the deli down the street, and came back in just before 1:30," Ziva added.

"Can anyone verify that?" Holly asked.

"Uh, Elise, from Agent Balboa's team," Ziva responded. "I met up with her at the deli and we walked back together."

Jana nodded in satisfaction. "What about you, Gibbs?"

"Uh, I left to get coffee shortly before one and didn't get back until almost two because of traffic," Gibbs said quickly.

Jana looked at him in surprise. "Traffic, on the Navy Yard?"

"No, I went to the branch in the book store. There was a book I wanted to pick up as well," Gibbs answered.

"The Chapters on Henderson?" Jana asked. Gibbs shot her a look and she sighed. "I just have to verify someone saw you."

"Well, you can try talking to the clerks, but they just hired some new staff and they're all teenagers," Gibbs said. "I know I didn't recognize them, so I'm not sure they'll remember me."

"What about the book you said you were picking up?" Jana asked. "The receipt will have the time on it."

"I wasn't actually able to pick it up. The books came out today, but hadn't been unpacked yet. The manager said to come back tomorrow," Gibbs told her.

Jana nodded, then forced a smile. "What book?"

"It's K.M. Austin's new thriller." Jana nodded wearily.

"Okay. Ziva, McGee, you guys can go back to your desks. Maybe go home?" She gave them a sympathetic look. "And again, I'm sorry." The two agents got to their feet, as did their supervisor. "Gibbs, I have a couple more questions for you."

"Whatever you have to say to me you can say in front of my team, Jana," Gibbs said firmly.

Jana took a deep breath before reluctantly nodding. "Okay. Gibbs, Tony's cell phone showed that the last call he received was from your cell. According to Lynnette, the girl he was with, he was in the middle of that phone conversation as he was killed."

Gibbs shook his head. "That didn't happen."

"Gibbs, there's the record of the call on his cell phone," Jana repeated.

"No, I called him, but we had hung up before he was killed." Gibbs' voice was terse. "Trust me, if I'd been on the line with him and heard the shot, I'd have been at the scene before you were."

"What were you talking about?"

Gibbs sighed. "I knew Tony was going out on a date for lunch and I was curious to see if he'd come back on time. Since I was out of the office, I thought I'd try calling him." Jana stared at him. "What, you don't believe me?"

"It's not a question of believing, Gibbs." The soft-spoken young woman's voice was surprisingly stern. "It's about eliminating you as a suspect. And that phone call makes it harder for me to do that."

"Forget trying to eliminate me as a suspect," Gibbs said shortly. "Just focus on finding the real killer."

0

Although Director Shepherd had pulled Gibbs' team's active case and told them to take the time off, all three ended up showing up at their desks the next day anyway. McGee went through and reorganized some of the documents on his computer into folders and sub-folders, the mundane repetition helping to keep his mind off the man who no longer sat at the desk beside him.

Ziva opted to go online and work through a few of the online professional development training modules the agents had been asked to start taking and that she usually put off. Her scores on the assessments were dismal, and by the end she didn't recall a single thing she'd read, but at least they were all checked off.

Gibbs sat silently in his chair, reading through cold case files and making copious notes, as though since he wasn't allowed to solve this case, he would solve every other case he could get his hands on. There was a glaring gap between the stacks of file folders, where his Starbucks coffee sat. Instead, Gibbs kept pulling a sports bottle of water up from where it sat on the floor and took frequent sips, like a smoker trying to kick the habit. As Jenny watched him from the railing outside MTAC, she wasn't sure whether he was trying to break the habit of thinking of DiNozzo, or simply struggling to hold his obvious agitation at bay.

0

It was almost three when Abby came walking past the entrance to their desk area and over to where Jana and her team sat. She did not make eye contact with Gibbs, Ziva, or McGee, and they didn't look up at her, either, although she knew they were all aware of her passing by.

She reached Jana's desk and set a single blue file folder down. "Ballistics results, from yesterday."

Jana looked up at the barely audible comment. "We could have come downstairs."

Abby shrugged. "I had the time. Bullet was a Lapoa, coated in Molybdenum disulphide. You're looking for a sniper rifle."

Her expression said it all. Jana just nodded. "Thanks, Abby." She waited until Abby had exited the room before muttering, "Crap."

Jack looked up from the desk across from her. "What's wrong?" Jana tossed him the file.

He quickly read the contents, then shrugged. "So?"

"So, Gibbs was a sniper in Iraq, and that was the ammo that he used to use. It came out on the Haswari case." She tilted her head slightly. "Not to mention that phone call."

"Look, I saw that girl Tony was with, she was pretty stressed out." Jack looked directly at his supervisor. "Her boyfriend was shot and killed in front of her. She might have been a little mixed up."

"_Might_ have been," Jana repeated.

Jack raised his eyebrows. "Come on, Jana," he said. "You don't really believe Gibbs did this."

Chris Scott, the fourth member of their team, rushed in before Jana could answer. He was breathing hard and Jana couldn't help but smile. "Hey, slow down. Take a breath."

"Sorry." He gulped in a mouthful of air. "I just got back from Starbucks and Chapters. Checking Gibbs' alibi."

0

Five minutes later, Jana stood in front of Gibbs' desk. "We need to talk," she said tersely. "Alone."

"Ziva, McGee, go see how Ducky is doing downstairs," Gibbs ordered. When they were gone he looked up at Jana. "Well?"

"Chris just got back from talking with the staff who were working at Starbucks and Chapters yesterday," she said in a clipped voice. "None of them remember seeing you."

"Well, what do you expect?" Gibbs asked, a hint of a grin showing. "They were teenagers. I doubt they remember anybody they serve five minutes after, let alone a full day."

"The Chapters staff don't remember _anyone_ asking about the K.M. Austin book either," Jana shot back.

"Well that's because I didn't ask them." Gibbs sounded matter-of-fact. "I checked the shelf and didn't see it. The last time this happened, it was because they were still being unpacked, so I figured it had happened again."

Jana stared at him in disbelief. "Then why did you make it sound like you'd actually spoken to them about it, yesterday?" Gibbs stood up and leaned his hands on his desk, looking directly into the other agent's eyes.

"Jana, yesterday, I had just found out that a man I'd worked with for over six years had been murdered," he said in a quiet, strained voice. "I wasn't exactly thinking about proper sentence structure."

Jana rubbed her forehead with her hand. "You're right, I'm sorry," she said quietly. "It's just...the ballistics results on the bullet that killed Tony came back. They were Lapoa, coated in Molybdenum Disulphide, like the ones you used to fire in the Marines. Do you still have your old sniper rifle?" Gibbs nodded. "I'm going to need to run it as a comparison so that I can eliminate it."

Gibbs looked stunned. "Jana, you've got to be kidding me."

"Gibbs!" Jana sounded as though she was only a step away from tears. "You know when Tony was set up a year-and-a-half ago by Abby's Little Hitler? Well, the way this case is coming up makes that one look like it had insufficient evidence. Now, please..." Her voice shook. "I've already got to investigate the murder of one colleague. Give me something so that I don't have to arrest another one."

Gibbs took a deep breath and nodded. "I'll get it for you right now," he replied.

"I'll come with you. Just let me grab my coat."

0

Frozen rain could be heard hitting the windows a couple of days later when Jana stepped off the elevator. Over the barrier, she could see Ziva, Gibbs, and McGee, already at their desks. Jana stood still for a moment, watching them and the empty desk next to the stairs.

"Jana!" Holly approached and handed her a piece of paper. "Ballistics comparison between Gibbs' sniper rifle and the bullet that killed Tony."

Jana scanned the contents, then took a deep breath. "Thanks, Holly." She walked over to her desk, pressed one of the extension buttons on the phone, and picked up the receiver. "Cynthia? It's Agent Heiden. Please tell Director Shepherd I need to speak with her." There was a pause, before Jana said softly, "Yes, it is urgent."

0

It was just under fifteen minutes later when Director Jenny Shepherd and Special Agent Jana Heiden came walking down the stairwell in the center of the squadroom. The Director stopped on the landing, while Jana continued down the short flight and around the corner towards the desk areas. As she reached the windows Jack and Holly joined her, and followed her into where Gibbs, Ziva, and McGee were still seated.

"Special Agent Gibbs, will you please stand up and step out from behind your desk?" Jana requested. Gibbs stared at them, and in a firmer voice, she repeated, "Please stand up and step out from behind your desk."

Gibbs slowly got to his feet and walked around to the front of the desk. "What's this about?" he asked quietly.

Jana nodded for Jack to step forward, which he did, holding a pair of handcuffs. In a clear voice, she replied, "Leroy Jethro Gibbs, you are under arrest for the murder of NCIS Special Agent Anthony DiNozzo."

**"Take a problem, make it worse, solve it." – Sigmund Brouwer**

**A/N: Uh, Happy New Year?**


	6. Misery

**A/N: The autopsy findings are borrowed from Probie. **

**Chapter 5: Misery**

August, 2007

"The court will take a short recess," the judge announced. Ziva sighed with relief as she stepped off the witness stand.

In the waiting room, Annemarie smiled at her encouragingly. "How are you holding up?"

Ziva shrugged. "Great, when the defense attorney isn't popping every two seconds with his objections."

The prosecutor chuckled. "Yeah, well just wait. Soon it'll be me doing that."

"Lovely," Ziva muttered.

Annemarie touched her shoulder. "Listen, you're doing great up there."

Ziva didn't comment. The hardest part of her testimony was yet to come.

0

February, 2007

"Meanwhile today, the second day of the preliminary hearing for NCIS Agent Jethro Gibbs gets underway. For more on that, here's Amanda O'Connor. Amanda?"

"Thanks, Evy." The blond-haired woman turned to face the camera. "I'm standing outside the courthouse, where the inquiry is about to go into session..."

"I see ZNN's still having a heyday," NCIS Special Agent Elise Mayne remarked. Balboa and Parnell both turned from where they'd been watching the television set.

"What do you expect?" Balboa remarked dryly. "Federal agent accused of killing another federal agent? They haven't gotten a case this juicy in years."

"Good thing the judge agreed to disallow the media in the actual courtroom," Elise remarked.

Parnell snorted. "Yeah, it's amazing what the words 'National Security' can do."

0

"Special Agent DiNozzo was killed by a single bullet that bisected the fourth rib, smashed the costal cartilage, took a piece out of the left atrium, and lodged itself against the costal surface of the scapula." Ducky traced the route on an enlarged X-Ray photo as he spoke. "The shot would have been almost immediately fatal."

0

"The bullet used to kill Agent DiNozzo was a hand-loaded Lapoa, coated in Molybdenum Disulphide and fired from a sniper rifle." Abby's voice was dull. "I matched the striations to a Marine 20A1 owned by the defendant, Special Agent Gibbs."

0

"There's Ducky and Abby, leaving the courtroom." Elise pointed to the screen. In the corner behind the reporters, Ducky could be seen with his arm around Abby as they followed another NCIS agent to a waiting vehicle. Several reporters quickly rushed at them.

"Dr. Mallard, Miss Sciuto!" Amanda O'Connor called out. "How does it feel to have to testify against an agent you have known and worked with for so long?"

"Please." Ducky sounded stressed and tired. "No comment at this time."

Elise shook her head. "This has got to be so hard on both of them."

Balboa nodded. "Ducky's worked with Gibbs forever, and Abby...she looked up to him like a father figure."

"Yeah, well, DiNozzo looked up to Gibbs like a father figure too," Parnell said tersely. "Looks like he had them all fooled."

0

"I could hear the caller through the speaker. He said 'DiNozzo, you've made your last mistake.' Tony replied, 'My last mistake,' like he wasn't sure what the caller was talking about. The next thing I knew..." Lynnette's voice shook. "There was this loud crack and Tony's body just jerked and fell."

0

"The last call that Agent DiNozzo's cell phone came from Special Agent Gibbs' phone," Jana said quietly. "The call log shows that it came in at 1:00PM."

0

Balboa looked over at Parnell. "Do you really think Gibbs did it?"

Parnell stared at him. "You don't?" Balboa sighed.

"I don't know what to think," he said softly. "I've worked with Gibbs and always considered him the guy I'd want to have my back. But..." He bit his lip. "Jana was on my team for four years and I know she'd never arrest a fellow agent unless she was convinced beyond a shadow of a doubt that they were guilty."

0

"I asked Special Agent Gibbs to show me his gun, because I knew he'd used the Lapoa bullets coated in Molybdenum Disulphide during his days as a sniper in the Marine Corps." Jana kept her voice neutral. "He agreed, and I came with him to take the rifle into custody."

0

"What the Sam Hill?" Elise looked over her shoulder to where Balboa and Parnell were working at their desks. "Guys, you might want to see this!"

The two men came up behind her and she nodded at the headline on the television. "NCIS Agent's Case Dismissed."

"What the..." Parnell's voice trailed off.

Balboa nudged Elise's shoulder. "Turn it up."

"The reports we're getting was that there was a discrepancy with the Chain of Custody," Amanda O'Connor was saying. "Specifically in regards to the murder weapon after it was checked in at the courthouse. That evidence has now been thrown out of court. Since that was the only physical evidence tying Special Agent Gibbs to the murder, the judge ruled that there was insufficient evidence to proceed to trial."

"Wait a minute, wait a minute," ZNN Anchor Evy Varley cut in. "The reports we heard earlier stated that they had plenty of evidence."

"There was the phone call, the lack of alibi, and the confrontation two days earlier, but without the murder weapon, it's all circumstantial," Amanda answered.

Evy shook her head. "So he just gets away with murder, is that it?"

"Unbelievable," Balboa muttered. "What next?"

Amanda touched her headset. "I'm hearing that Agent Gibbs is on his way out with his attorney, and that they're going to make a statement. I'm just going to head back over there."

The camera panned over to Gibbs together with Kari McNeil, his defense attorney. He looked tired and kept looking around as though searching for an escape route as the reporters rushed towards him and Kari.

"Obviously, we would have preferred an outright acquittal," Kari told the reporter. "But the fact that there was obviously insufficient evidence, I think, speaks to my clients' innocence."

"Agent Gibbs, what do you have to say about the ruling?" Amanda held out her microphone.

"Well, first of all, I have no hard feelings towards the agents involved. They were just doing their job." Gibbs seemed uncomfortable as he spoke. "And I'm just looking forward to being able to get back to doing my job too."

The news camera flashed back to the anchor. "Prosecutor Anna Lindsey also issued a statement to the press, about ten minutes ago," Evy said quietly. "Here's what she had to say."

"I think this is a real miscarriage of justice, and I hope that there will be an internal investigation so that something like this doesn't happen again." The petite brunette looked directly into the camera. "Cases like this should be decided on the basis of facts, not on little technicalities the way this one has today. My apologies and heartfelt sympathy goes out to Agent DiNozzo's family."


	7. Mistrust

**Chapter 6: Mistrust**

August, 2007

Ziva walked back up the aisle to take her seat again in the witness stand, avoiding the gaze of her former co-worker sitting behind the defense table. Showing almost no emotion, she sat down behind the railing.

"Officer David, I'll remind you, that you are still under oath," the judge said quietly. Ziva nodded gravely.

"Yes, your Honor." The admonition was unnecessary. She was going to have no trouble telling the whole truth.

0

February, 2007

_Blast you, Jethro, _Jenny thought grimly. _You always did have a way with the media, didn't you_?

It was the day after the trial, and NCIS had called a press conference, to deal with the uproar of Gibbs' statement on the stairs of the courthouse the day before. Camera flashes were going off, reporters were shouting nonstop, and Jenny was getting the feeling that she would rather be taking cover from gunfire on an op gone wrong than behind the podium at that moment.

"Director Shepherd, Director Shepherd! Is it true that Special Agent Gibbs will be returning to work at NCIS?"

"That has not been decided yet," Jenny answered, careful to keep her voice neutral.

"What is there to decide?" another reporter called out. "He was charged with killing another one of your agents!"

"Charged, but not convicted," Jenny replied patiently.

"Oh, so you're just going to throw out the work of another of your agents and pretend this whole thing never happened?"

"We're not going to be _pretending_ anything." This time she allowed her anger to show through. "I trust Special Agent Heiden and her team explicitly, and have no reason to doubt the results of their investigation. However, I have also trusted Special Agent Gibbs for a long time, and am not going to simply dismiss him when he has not actually been found guilty in a court of law."

"But your office did find enough evidence to have him charged with murder. What about that?"

"And what about Agent DiNozzo's family? He was an agent who you also trusted!"

"Ladies and gentlemen, please." Jenny put a hand up and offered a reluctant smile. "An independent body of agents from another NCIS office will be conducting an internal review of the investigation and all parties involved. Including investigating Special Agent Gibbs. When they have completed their investigation, we will decide on how to proceed."

"And what about Special Agent Gibbs? Does he get to just come back on the job like nothing has happened?"

"Special Agent Gibbs will remain on administrative leave pending the outcome of that internal investigation. His security clearance has been revoked for the time being and he will not be permitted to enter the building unless he is actually being questioned." She nodded at the NCIS Media Liason Officer, who quickly stepped forward. As he started speaking Jenny quietly opened the door behind her and slipped inside.

When she was safely back in her office, Jenny closed the door behind her and leaned against it, tears trickling down her cheeks.

0

Jethro Gibbs flipped on the light in his basement before walking slowly down the wooden flight of stairs. One of the first things he'd done upon arriving home was change from the suit he'd worn in the courtroom to a comfortable pair of casual pants and one of the law-enforcement T-shirts he usually wore while hanging out around the house. Tonight he added a beat-up hooded sweatshirt to ward off the basement chill.

His shoes touched sawdust as he stepped off the last stair, stirring the dust up into the air. The aroma was familiar and comforting, and Gibbs smiled, before walking over to his workbench at the end of the room. For a moment he stood there, scanning the bottles on the shelf until he spotted the label. Reaching up, he picked up the bottle of Bourbon off the shelf and set it down on the bench below.

He had to search a little longer to find the coffee cup he usually kept downstairs. Too often he'd simply stuck with the paper cups he'd bring home from Starbucks, which stayed hotter longer because of the lids. Eventually he located it, sitting between his hammer and sander. Gibbs tipped it over to dump out any sawdust that had accumulated inside, then poured a small amount of the Bourbon in and sat down on the workbench, resting his feet on the support beam below.

He took a sip of the drink and swallowed carefully, feeling the familiar burn against his throat as it went down. His eyes drifted up to the navy blue sky showing through the window and he smiled, satisfied.

He'd done it. He'd gotten away with murder.

0

Outside in a dark, unmarked sedan parked across the street, Jana touched the button on her radio. "This is Stingray One, subject's basement light just came on."

"10-4, Stingray One," came Jack Skinner's response. He and Chris were positioned in a van parked in the alley behind the house.

"Stingray One to Stingray Leader, do you have a visual?"

"That's affirmative, Stingray Run," Jenny replied, looking up at the MTAC video screen.

Jana turned to Ziva, sitting in the passenger seat. "All set. Now we wait."

The Israeli officer smiled. "I doubt we'll be waiting long."

"Hope you're right, it's freezing out here." Jana tightened the folds of her jacket around her.

"Don't worry." Ziva's voice was grim. "This bastard's so arrogant, he won't be able to resist making his move."

Jana trained her binoculars on the house. "And this time, he is not getting away."

**A/N: Um, just remember, if you kill me, I can't post the end of the story.**


	8. Messenger

**Chapter 7: Messenger**

August, 2007

"Thank you for your testimony, Officer David," the judge said quietly. "You may step down. Prosecution, you may call your next witness."

"Thank you, your Honor," Annemarie replied.

0

February, 2007

"This is Stingray 2." Jack's voice came over the radio. "Subject's basement has just come on."

"10-4," Jana replied. It was the third night since the trial, and the two vehicles had traded places, with Jana and Ziva next to the alley and Jack and Chris out on the street. The teams had been keeping an eye on Gibbs' home nearly 24-7, with Holly and McGee there in one vehicle during the day, and then the foursome in the two surveillance vehicles at night.

Ziva looked over at Jana. "So, the internal investigation is supposed to start tomorrow?"

The other agent nodded. "Yeah, should be interesting."

"Have you ever been there for an internal investigation?" Ziva questioned.

"Just once, when I was a probie. My team wasn't the focus of the investigation though."

"What happened?" Ziva asked curiously.

"Oh, there was an allegation of NCIS misconduct. Suspect going to trial told the JAG attorneys defending him that he'd been questioned while sleep deprived, and that an agent had actually struck him a few times." Jana rolled her eyes. "His case was put on hold pending the outcome of the inquiry. Everyone was being asked whether they knew anything. Meanwhile, the jerk took advantage of a hospitalization for his 'post traumatic stress disorder,' to stage an escape from the hospital. Almost made it, too."

0

Gibbs carefully brought the hand-plane down the board on his workbench, then did it a second time. The work was soothing, a relief from the stress of the last month.

He heard a sound from above him and stiffened, then relaxed, chuckling. One downside to the Victorian-style home he'd bought after his final marriage had dissolved was the constant settling and creaking that came with the old age. Perhaps rather than starting another boat he should turn his attention to the house. The staircase leading to the bedroom floors would be a great place to start. He could take the whole thing out and replace it with something that would still look authentic. Perhaps walnut.

"Gibbs?" The voice was a low whisper, and came from the landing. Gibbs looked up, and realized that it hadn't been the house settling that he'd heard.

0

Ziva shook her head. "So did the inquiry eventually confirm that nothing had happened?"

"They didn't have to. Jerk finally admitted he'd been making the information up." Jana studied the alley with her binoculars, then stilled. "Hold it. I think I see something."

Ziva grabbed the binoculars from her and peered through them as Jana reached for the radio. "This is Stingray 1, possible movement behind subject's house."

"Hold your positions," Jenny's voice cautioned.

"What on earth?" Ziva whispered. "Is he trying to crawl through the garbage chute?"

A second later Jana's exasperated voice came over the radio. "This is Stingray 1, disregard last transmission. It's a stupid cat."

0

"Matt Parnell, you just about gave me a heart attack." Gibbs set the plane down on the workbench and stepped forward. "Why the Sam Hill didn't you knock?"

"Figured you wouldn't hear me if you were down here." The other agent made his way slowly down the stairs, his hands in his pockets. "Besides, everyone knows you keep your doors unlocked. Wasn't necessary."

Gibbs acknowledged the fact with a shrug. "True enough. So what brings you out here so late?"

"The fact that you killed a man and got away with it." Parnell's voice was low and unnervingly calm. Gibbs just shook his head.

"I had a fair hearing, Parnell. There wasn't enough evidence to convict."

"I don't care," Parnell replied. "I'm going to make sure justice is served.

Gibbs chuckled. "Well, I hate to break it to you, but that's not going to happen," he said frankly. "The charges were dismissed. They would have to find some new evidence." He tilted his head to the side. "And if there was anything to find, they would have found it the first time. So I won't be going back to court."

"Who said anything about court?" Parnell whipped a gun out of his pocket and fired off five rapid shots.

"Oh, trust me, this one is going to court," Ziva said through clenched teeth as she appeared on the landing behind him. Parnell whirled to see her standing with Jana, Chris, and Jack in the doorway of the basement stairs, all with their guns drawn. "And we _will_ have more than enough evidence this time."

"Drop the weapon, Parnell," Jack ordered. "And put your hands behind your head." He nodded to where Gibbs lay motionless next to his worktable. "Unless you want to end up like him."

Parnell's gun clattered to the floor and he raised his hands up, as Ziva took a step down the stairs. "Turn around and put your hands on the table, palms down. Slowly!" He did as she asked as the other agents slowly advanced down the stairs. Jack kicked Parnell's weapon to the side and stormed up to the other agent's side, followed closely by Ziva and Chris.

"You are under arrest," Jack hissed. "For eleven counts of murder..." He snapped a cuff around Parnell's wrist. "And one count of attempted murder."

Jana knelt down next to Gibbs and touched his shoulder. "Gibbs, you all right?"

The other agent opened his eyes and managed a smile. "I think so," he answered, wincing. Jana helped him into a sitting position, leaning against the wall, and he groaned.

Jana reached out and pulled the front of Gibbs' shirt up, exposing the bullet-proof vest he was wearing underneath and the five bullets embedded in the front. "Four blanks, and one actual round, just like a firing squad," she said, looking up at the other agents.

"And just like his other victims," Ziva added.

Jana looked back at Gibbs and smiled sympatheticly. "You're going to be sore for the next little while."

"Ah, it's worth it," he answered. "You get the tape?"

Chris pulled the recorder out from where they'd attached it underneath the worktable. "Every word," he said grinning.

"What are you doing?" Parnell screamed. "I'm not a killer. This is about justice!"

Jack clamped the second cuff around Parnell's wrist. "Oh, cry me a river."

"That man got away with murder!" Parnell continued to struggle. "They all did!"

Ziva smiled sarcastically at him. "Well, if it makes you feel any better, you won't."

"No! No! It wasn't murder! It was justice!" Beads of perspiration stood out on Parnell's forehead. "He had to be punished for his crimes! He killed a fellow agent and got off on a technicality!"

"Help me up, Jana," Gibbs said quietly. She carefully assisted him to his feet and he walked over to stand in front of Parnell. "You're right, I did get off on a technicality, Parnell," Gibbs said in a menacing whisper. A grin stole over his face. "A very important technicality."

0

August, 2007

Annemarie turned and faced the courtroom. "The prosecution calls NCIS Special Agent Anthony DiNozzo to the stand!"

**Should I end it here or do one more chapter? I'm kidding, I'll post the last chapter next week.**


	9. Manifest

**Chapter 8: Manifest**

August, 2007

"After Jana and her team got to Anacostia Park, we handed over the information we did have and then let them take over." Tony's words regarding the Merkl shooting were a near echo of Ziva's from a few hours earlier, but the jury was still eagerly hanging on to every detail. "We got back into the MCRT vehicle and drove back to headquarters."

"And was that your last involvement with the case?" Annemarie inquired. Tony shook his head emphatically.

"Oh, no," he answered. "A couple of days later, Director Shepherd came down to Autopsy, where we were going over some results with our M.E., Dr. Mallard."

"That would be Friday, January 13?" The question drew a quiet murmur of chuckles around the courtroom, including one from Tony.

"Yes, that's correct," the agent replied, still smiling.

"What did she say?" Annemarie asked.

"She said that she needed to see the four of us up on her office immediately, and that it was imperative that we not be seen going up in the process."

0

January, 2007

Director Shepherd wasn't the only person waiting for them when they arrived upstairs. Seated around her conference table were Jana and the rest of her team, Jack Skinner, Chris Scott, and Holly Grant.

"Have a seat," Director Shepherd said quietly.

"This about the vigilante case?" Tony asked.

Jana nodded. "Director?"

Jenny pressed the powerpoint trigger and a list of names popped up on the screen. Jana stood up. "We know he's after people acquitted of military victims. These are a list of everyone accused of killing military personnel within the last year and who were either acquitted, or had their charges dismissed."

Gibbs stared at the screen. "Long list," he remarked.

Jana grimaced. "Yeah." Jenny pressed the trigger again, putting up another list that was slightly shorter. "These are all of the cases from that list that had some type of controversy attached to the verdict."

Gibbs shook his head. "Still a long list."

Jana sat down again. "We need to draw him out before he strikes again," she said frankly.

"And you've got no way of predicting his next target," Tony said unnecessarily.

"His last killing was six weeks ago," Jack said quietly. "The one before that was a week-and-a-half."

"And before that it was two months." Jana's voice was terse. "But look at this." Another page on the screen. "This was a notification from the power company addressed to Colonel Merkl. He'd just moved into his current residence last week. From Florida, where he'd been living the last two years."

"Three of his other victims had also relocated to D.C. within a week of their deaths," Holly added. "Including the first two, one of whom had been tried and acquitted in San Diego."

"And remember the three month gap we had?" Jana smiled for the first time in the meeting. "It was broken by the death of Lee Miller, suspected of killing an NCIS agent in Onslow County."

"I remember that one," Tony said thoughtfully. "I was in Raleigh for a law enforcement conference and the case was all over the news. When we weren't at the seminars, everyone was watching the coverage in the hotel lounge."

"She'd moved here four days before her body was found," Jana told him.

Gibbs smiled slightly, the little smile he reserved for those moments he knew the dirtbag he was chasing was all but signed, sealed, and delivered. "Looks like your killer could hardly wait for the opportunity to make sure his justice was served," he said softly.

Jana's eyes sparked with intensity. "All we need is a high-profile case with twelve people too dense to do their job properly, and he'll be on it faster than my dog when I drop a pretzel. Or what he thinks are twelve dense people."

"Agent Heiden has requested permission to conduct a sting operation, and given the circumstances, I have granted it," Jenny said. "But she doesn't want someone from her team so that it can't be directly linked to the case. So." She paused and looked Gibbs, McGee, Ziva, and Tony each in the eye. "I'm issuing a direct order for one of you to commit murder."

Understanding smiles broke over the four agents' faces.

0

August, 2007

"So you were already undercover at the time of the confrontation between yourself and Special Agent Gibbs on January 27, 2007?" Annemarie asked.

"Yes, ma'am," Tony answered. "That confrontation was part of the assignment." Over her shoulder, Tony could see Parnell's defense attorney, practically salivating at the thought of questioning the agent on the lapse of judgment that had led to that confrontation. Annemarie beat him to it.

"So the error you made in not requesting the search authorization was also part of your assignment."

Tony resisted the urge to grin at the defense attorney as he replied, "There was no error. That statement was made up purely to maintain my cover."

"What, in fact, did happen with the Connor case at trial?" The prosecutor was covering everything, giving no opportunity for the defense to come back and slander the agents' characters. It felt like the Army of the Dead coming to the rescue of Gondor on _Return of the King_ and Tony was enjoying every second.

"There was no Connor case."

0

January 2007

"We're going to have to come up with a good reason for why an NCIS agent would kill another agent," Chris Scott remarked.

"Does it have to be another agent?" McGee asked. "It could be something from our personal lives."

"Too bad none of us are married," Ziva observed. "That would make it the easiest."

McGee nodded. "Someone we're dating?"

"We do that, we have to involve Civilian authorities and other people, and there's more chance of the op being exposed," Jenny answered. "No, we keep this in-house."

"And simple." Gibbs' voice was matter-of-fact. "Stressful case like this and someone makes an asinine mistake that blows it."

"None of you would kill over something like that," Chris protested.

"This isn't us," Gibbs answered. "It's an artificial persona, just like any other undercover op, only the person happens to have the same name and job as we do in real life."

Ziva nodded in agreement. "As Mossad, I'm an outsider," she said quietly. "People will be more likely to believe it of me."

Gibbs shook his head. "You've been a suspect twice within the last year, Ziva. We're going for a high-profile case; those real cases will be dredged up in the media." He looked over at Tony and McGee. "That goes for all of you. None of you need that crap hauled out again." Turning to Jana, he said, "I'll do it."

"We should have the case have something to do with children," Tony spoke up. "Everyone's stress levels always run higher when they work those—we're more likely to make a dumb mistake because we're emotionally involved, and we're going to take any mistakes that are made much harder."

Ziva glanced quickly over at Gibbs, worried about his reaction. Tony's comment had been made in innocence, since neither he or McGee knew about Gibbs' late wife and daughter. Jenny, Ducky, and Ziva had all had to find out as part of the job, but the two younger men had not. The Director had been clear on the matter: Until Gibbs chose to share the information, it would stay that way.

However Gibbs was nodding his head, indicating that he agreed with Tony's assessment. So was Jenny. "We can use the sensitive nature of NCIS investigations to ban media from the courtroom, and I've got a friend at the D.A.'s office. She can fix it so that nobody realizes a trial isn't actually in progress. All you'll need to do is be seen entering the building."

"And oblige reporters with a few less-than-discretionary quotes?" Jack said with a grin.

"I'll be there each day to give an 'official' NCIS press release, but yes, candid quotes from the witnesses when they've finished testifying will be encouraged," Jenny answered.

"We're just going to need to find someone to be there for the shooting to handle checking the body for a pulse and calling my team in," Jana said. "And I'd rather they're not NCIS. Anyone know someone who'd be willing to witness a death?"

McGee grinned. "I know of several people in my writing group who'd jump at the chance."

"You should pass their names on to FLETC," Jack quipped. "They're always looking for eager volunteers."

"You can trust their discretion?" Jenny asked. At McGee's nod, she said, "All right. I'll brief Abby and Ducky, and we should be ready to start putting the op into play on Monday. One last thing." She made eye contact with each of the eight agents. "Because of this person's choice of targets, there is a distinct possibility that our killer is either JAG or NCIS. This may come down to having to arrest one of our own. I trust that you are all prepared for that situation?"

There was a moment of silence before Tony said quietly, "I think we've all been thinking about that possibility off and on for the last year."

"You know, if this guy is NCIS," Chris commented. "Will he or she really believe the idea of Gibbs being a killer?"

Gibbs gave a slow smile. "They may not now," he answered. "But they will by the time we're done."

August, 2007

"Will the defendant please rise?"

Parnell stood up with his attorneys as the foreman turned to face him. In the first row behind the prosecutor's table, eleven of his former co-workers sat alert. "This court finds the defendant...guilty!"

0

"Well now," Jana remarked, as she walked with Gibbs down the hall to the squadroom. The lights had been switched to the dim evening settings and nearly all the desks were deserted. "Maybe now life can finally start getting back to normal."

"At NCIS?" Gibbs grinned. "I don't think life has ever been normal."

She chuckled. "That's true." They rounded the corner by the main staircase and she shook her head. "Oh for goodness' sake." Gathered in Gibbs' team's desk area were all six of the other agents from the Parnell investigation, plus Abby and Ducky. "I thought I told them they could go home for the night."

Gibbs shrugged. "So did I."

"There they are!" Abby looked over from where she was sitting on the edge of Tony's desk as the two supervisors approached.

"What is this, some type of victory celebration?" Gibbs asked, trying to hide a smile.

The lab tech shrugged. "Something like that. Except Tony can't seem to get into it." She nodded at the agent behind her, who was searching frantically through his desk drawers. Gibbs raised his eyebrows, before walking quietly back to the barrier and leaning his head over.

"DiNozzo!" The younger man jerked his head up with a yelp. "Are you missing something?"

"Um, no, Boss," Tony stammered. "I was just cleaning out my desk."

Abby smirked. "He's looking for Lynnette's phone number." The other agents were gathered by Ziva's desk, watching in obvious amusement. "For some reason it wasn't in the personal effects that were recovered at the 'crime scene.' "

"Cute, Abbs." Tony made a face at her before glancing over at McGee. "Any chance you've got a directory for the members of your Writer's Group, Probie?"

"Sorry, Tony," McGee replied. "Lynnette already told me you won't be caught dead with her."

Gibbs was the first to get it and start chuckling, followed closely by Jana, Ducky, and Jack. A couple of seconds later Ziva burst into a fit of giggles. Tony just stared at them. "I never said anything like that," he protested.

"Exactly, Tony," Ziva managed to get out. "_She's _saying you won't be caught dead with her."

"But the saying is..." Tony broke off as Abby slung an arm around his shoulders.

"Oh, Tony." The lab tech's voice was full of mock sympathy. "What a way to get shot down." Ducky gave a muffled snort. "What?"

**A/N: The summary quote popped into my mind as I was climbing into bed one night, and I lay awake until four AM trying to find a feasible way to make it work. I hope I succeeded.**


End file.
